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Wirtz v. Bottle Blowers Assn., 389 U.S. 463 (1968)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Wirtz v. Bottle Blowers Assn., 389 U.S. 463 (1968)
Wirtz v. Local 153, Glass Bottle Blowers Association of the United States and Canada, AFL-CIO No. 57 Argued November 8, 1967 Decided January 15, 1968 389 U.S. 463
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
The Secretary of Labor filed this action under § 902(b) of the Labor-Management Reporting and Disclosure Act of 1959, seeking invalidation by the District Court of an election of union officers held by respondent in 1963 and an order directing that a new election be conducted under the Secretary’s supervision. That provision authorizes the Secretary, upon the complaint of a union member who has exhausted is union remedies, to file suit when an investigation gives the Secretary probable cause to believe that a union election violates the standards prescribed in § 401 of the Act. If the court finds that a § 401 violation "may have affected the outcome of an election," the Act provides that the court shall declare the election void and direct a new election supervised by the Secretary. The complaint alleged that the Union had violated § 401(e) of the Act by imposing an unreasonable restriction on members’ eligibility to be candidates and to hold office. Although finding the restriction violative of § 401(e), the District Court dismissed the suit on the ground that it was not established that the violation "may have affected the outcome" of the election. While petitioner’s appeal was pending, the Union, in 1965, held another regular election. The Court of Appeals held that the 1965 election mooted the Secretary’s challenge to the 1963 election, and vacated the District Court’s judgment without reaching the merits.
Held: When the Secretary of Labor proves the existence of a § 401 violation that may have affected the outcome of a challenged election, he is not deprived of the right to a court order voiding the challenged election and directing that a new election be conducted under his supervision because the union has meanwhile conducted another unsupervised election. Pp. 467-476.
372 F.2d 86, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Wirtz v. Bottle Blowers Assn., 389 U.S. 463 (1968) in 389 U.S. 463 389 U.S. 464. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=948VXA3IM8DFVSE.
MLA: U.S. Supreme Court. "Syllabus." Wirtz v. Bottle Blowers Assn., 389 U.S. 463 (1968), in 389 U.S. 463, page 389 U.S. 464. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=948VXA3IM8DFVSE.
Harvard: U.S. Supreme Court, 'Syllabus' in Wirtz v. Bottle Blowers Assn., 389 U.S. 463 (1968). cited in 1968, 389 U.S. 463, pp.389 U.S. 464. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=948VXA3IM8DFVSE.
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